Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 32 - National Defense |
Subtitle A - Department of Defense |
Chapter V - Department of the Army |
SubChapter B - Claims and Accounts |
Part 537 - Claims on Behalf of the United States |
§ 537.16 - Scope for maritime claims.
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§ 537.16 Scope for maritime claims.
The Army Maritime Claims Settlement Act (10 U.S.C. 4803-4804) applies worldwide and includes claims that arise on high seas or within the territorial waters of a foreign country.
(a) 10 U.S.C. 4803 provides for agency settlement or compromise of claims for damage to:
(1) DA-accountable properties of a kind that are within the federal maritime jurisdiction.
(2) Property under the DA's jurisdiction or DA property damaged by a vessel or floating object.
(b) 10 U.S.C. 4804 provides for the settlement or compromise of claims in any amount for salvage services (including contract salvage and towage) performed by the DA. Claims for salvage services are based upon labor cost, per diem rates for the use of salvage vessels and other equipment, and repair or replacement costs for materials and equipment damaged or lost during the salvage operation. The sum claimed is usually intended to compensate the United States for operational costs only, reserving, however, the government's right to assert a claim on a salvage bonus basis in accordance with commercial practice.
(c) The United States has three years from the date a maritime claim accrues under this section to file suit against the responsible party or parties.